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01-201L • CAROLE AND ROBERT TESTWUIDE, ET. AL., v. THE UNITED STATES

Filed 06/17/2003
Overflight Takings; Motion for Class Certification; RCFC 23; Deficiency of Proposed Method of Class Certification; Certification of Issue to United States Court of Appeals for the Federal Circuit Signed by Judge Bush.

97-187C • HEALTH INSURANCE PLAN OF GREATER NEW YORK, INC., v. THE UNITED STATES

Filed 06/13/2003
Motion for leave to withdraw admissions under RCFC 36(b);   Presentation of the merits subserved; Prejudice under rule defined; Motion granted Signed by Judge Allegra.

98-727T • BLUE CROSS & BLUE SHIELD UNITED OF WISCONSIN & SUBSIDIARIES v. THE UNITED STATES

Filed 06/12/2003

Cross-Motions for Partial Summary Judgment; 26 U.S.C. § § 832, 846; Losses Incurred   Deduction; Unpaid Losses or Loss Reserve; Tax Reform Act of 1986, § 1012

Signed by Judge Horn.

95-503C • FIFTH THIRD BANK OF WESTERN OHIO v. THE UNITED STATES

Filed 06/12/2003
Contracts; Winstar case; RCFC 56(c) judgment on partial findings; contract formation Signed by Judge Miller, C..

98-621C • COMMONWEALTH EDISON CO., v. THE UNITED STATES

Filed 06/10/2003
Summary   Judgment; Contract Interpretation; Standard Contract for Disposal of Spent Nuclear Fuel, 10 C.F.R. § 96.11 (1983); Nuclear Waste Policy Act, 42 U.S.C. § § 10101-10270 (1994); Greater Than Class C Radioactive Waste; Rate of Spent Nuclear Fuel Acceptance; Ripeness;   Takings Signed by Judge Hewitt.

01-509C • DONALD L. WAGNER v. THE UNITED STATES - ERRATA

Filed 06/10/2003
Military Pay Dispute; Army Regulation 600-8-24; Prior Approval from Secretary of the Army for Release of 18 Year Veterans Signed by Judge Smith.

98-621C • COMMON WEALTH EDISON CO. v. THE UNITED STATES

Filed 06/10/2003
Summary Judgment;Contract Interpretation; Standard Contract for Disposal of Spent Nuclear Fuel, 10 C.F.R. § 96.11 (1983); Nuclear Waste Policy Act, 42 U.S.C. § § 10101-10270 (1994);  Greater Than Class C Radioactive Waste; Rate of Spent Nuclear Fuel Acceptance; Ripeness; Takings Signed by Judge Hewitt.

458-79L & 459-79L • THE SHOSHONE INDIAN TRIBE OF THE WIND RIVER RESERVATION, WYOMING & THE ARAPHAHO INDIAN TRIBE OF THE WIND RIVER RESERVATION, ...

Filed 06/09/2003
THE SHOSHONE INDIAN TRIBE OF THE WIND RIVER RESERVATION, WYOMING & THE ARAPHAHO INDIAN TRIBE OF THE WIND RIVER   RESERVATION, WYOMING v. THE UNITED STATES

Motion to Dismiss; Motion for Summary Judgment; Oil and Gas Leases; "Maximization" of Profits; Take-or-Pay Clause; Indian Mineral Leasing Act, 25   U.S.C. § §   396a-396g; Federal Oil and Gas Royalty Management Act, 30 U.S.C. § § 1701-1757; Act of   August 21, 1916, Pub. L. No. 218, 39 Stat. 519 Signed by Judge Hewitt.

01-295T • JACK S. CONWAY v. THE UNITED STATES

Filed 06/06/2003
Summary   Judgment;   Contracts; Tax Informant Signed by Judge Merow.

02-1420C • WESTINGHOUSE ELECTRIC CO., v. THE UNITED STATES

Filed 06/05/2003

Anti-Assignment Act; Judicial Estoppel

Signed by Judge Firestone.

01-629T • AKIVA N. GERSTEIN v. THE UNITED STATES

Filed 05/30/2003
Tax - Claim on an "account stated": Suit for a tax refund on an IRS acknowledged overpayment of penalty taxes is subject to the six-year statute of limitations; cause of action for a missing refund check accrues upon the receipt of a Form   1099-INT setting forth the IRS's payment of interest; inquiries by a taxpayer as to the status of a refund check do not postpone the running of the statute of   limitations where the IRS's response   reasonably should have raised doubts about the accuracy of the IRS's   representations Signed by Judge Wiese.

99-401T • GENERAL ELECTRIC COMPANY and SUBSIDIARIES v. THE UNITED STATES

Filed 05/28/2003
Cross-motions for summary judgment; Compounding of interest on overpayment of tax by corporation; GATT   amendment - Sections   6621(a)(1) of the Internal Revenue Code of 1986, as amended by section 713 the Uruguay Round Agreements Act; GATT rate vs. regular rate; Language and structure of statute; Effective date provision;   Retroactivity; Sovereign immunity Signed by Judge Allegra.

92-452C • BAYSIDE FEDERAL SAVINGS & LOAN ASSOCIATION, ET AL., v. THE UNITED STATES

Filed 05/28/2003
Winstar-related case; attorney disqualification; necessary   witness rule Signed by Judge Smith.

90-581C • RICHARD C. LA VAN, CARMEN LULLO, RONALD S. KRAAR, DONALD BIALON, and JAMES SKOZEK v. THE UNITED STATES

Filed 05/28/2003
Winstar-related Case; Restitution; Shareholder-standing; Fifth Amendment Taking; Post-judgment interest Signed by Judge Firestone.

02-133C • AINS, INC., v. THE UNITED STATES

Filed 05/23/2003
Breach of contract; nonappropriated funds instrumentality; sovereign immunity; motion to dismiss Signed by Judge Block.

03-271C • AL GHANIM COMBINED GROUP CO. GEN. TRAD. & CONT. W.L.L., v. THE UNITED STATES

Filed 05/22/2003
Contracts; post-award bid protest; 28 U.S.C. § 1491(b) (2002); supplementation of administrative record; price analysis; materiality; ambiguity; national security,   28 U.S.C. § 1491(b)(3). Signed by Judge Miller, C..

90-843C • HOMETOWN FINANCIAL, INC., and CONTINENTAL FINANCIAL HOLDINGS, INC., and FEDERAL INSURANCE DEPOSIT CORPORATION v. THE US

Filed 05/22/2003
Winstar-related Case; Restitution and Reliance Damages; Standing to seek Expectancy Damages; Daubert Hearing Signed by Judge Firestone.

01-448C & 02-405C • MICHAEL P. PAALAN, pro se v. THE UNITED STATES

Filed 05/20/2003
Motion to dismiss; res judicata; claim preclusion; RCFC 7.1(a); discovery Signed by Judge Miller, C..

03-193C • DELANEY CONSTRUCTION CORPORATION, Plaintiff, TUG HILL CONSTRUCTION, INC., Plaintiff-Intervenor v. THE UNITED STATES

Filed 05/19/2003
Post-award protest; HUBZone price evaluation preference; Small Business Certification; Corrective action Signed by Judge Merow.

03-709C, 03-761C • BANKNOTE CORPORATION OF AMERICA, INC., AND GUILFORD GRAVURE, INC. v. THE UNITED STATES v. SENNETT SECURITY PRODUCTS, LLC, AVE...

Filed 05/14/2003

BANKNOTE CORPORATION OF AMERICA, INC., AND GUILFORD GRAVURE, INC. v. THE UNITED STATES v. SENNETT SECURITY PRODUCTS, LLC, AVERY DENNISON CORPORATION, INC., AND ASHTON-PITTER (USA), LTD., Intervenors

Post-Award bid protest;   Cross-motions for judgment on the administrative record; Evaluation of technical     proposals;
Mandatory     minimum requirements; Alleged failure to treat offerors equally; Meaningful discussions; Undisclosed evaluation factor; Best value determination; Relief denied

Signed by Judge Allegra.

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